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25- Public Works
CITY OF SAN DER[ 1RDINO - REQUEST OR COUNCIL ACTION File No. 3.14-18 Authorization to Execute Agree- From: ROGER G. HARDGRAVE Subject: ment with City of Loma Linda - Oversizing Sewer Line in Redlands Dept: Public Works Blvd. , from Hunts Lane to Club Date: 4-28-93 Way Synopsis of Previous Council action: June, 1991 - Allocation of $200, 000 in the 1991/92 Sewer Line Construction Fund approved for this project under Account No. 245-365-57885. 02-03-92 - Resolution No. 92-42 adopted authorizing execution of an agreement for professional services with URS Consultants. 03-22-93 - Plans approved and authorization granted to advertise for bids. Recommended motion: Adopt resolution. cc. Shauna Clark Bernie Kersey Jim Penman ignature Contact person: Gene R. Klatt Phone: 5125 Staff Report, Agreement Supporting data attached: and Resolution Ward: 3 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) 245-365-57885 (Acct. Description) Sewer Line in Redlands Boulevard from Hunts Lane to Club Way Finance: Council Notes: 75.0262 Aqenda Item No 25 CITY OF SAN BERF .RDINO - REQUEST QR COUNCIL ACTION STAFF REPORT Several years ago, the City of Loma Linda entered into an Agreement with the County of San Bernardino Sewer District, relative to installation of an intercepting sewer. This Agreement assigns a portion of the capacity in the intercepting sewer (in Redlands Boulevard and South "E" Street) to the City of Loma Linda. Sewage generated within the City of Loma Linda is conveyed by this intercepting sewer to our treatment plant. The design capacity of this intercepting sewer is exceeded within at least two reaches. A project has, therefore, been established to install a relief sewer, prior to the pavement rehabilitation project. An interest has been expressed by the City of Loma Linda in acquiring additional sewer line capacity, for future expan- sion. The proposed Agreement provides that Loma Linda will pay the differential cost between an 8-inch and an 18-inch sewer line, estimated to be $26, 000. The proposed Agreement will be on Loma Linda' s Council agenda of 5-11-93 for approval. We recommend that the Agreement be approved. 4-28-93 ]5-0264 © Q 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF LOMA LINDA RELATING TO 3 PAYMENT FOR OVERSIZING SEWER LINE IN REDLANDS BOULEVARD, FROM HUNTS LANE TO CLUB WAY. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1 . The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute on behalf of said City, 8 an agreement with the City of Loma Linda relative to payment of 9 the oversizing cost for a sewer line in Redlands Boulevard, from 10 Hunts Lane to Club Way, a copy of which agreement is attached 11 hereto marked Exhibit "A" and incorporated herein by reference as 12 fully as though set forth at length. 13 SECTION 2 . The agreement shall not take effect until 14 fully signed and executed by both parties. The City shall not be 15 obligated hereunder unless and until the agreement is fully 16 executed and no oral agreement relating thereto shall be implied 17 or authorized. 18 SECTION 3. The authorization to execute the above- 19 referenced agreement is rescinded if the parties to the agreement 20 fail to execute it within sixty (60) days of the passage of this 21 resolution. 22 23 24 25 26 27 28 4-28-93 RLJV: GAL4Ul11VV HU2lL G1`LIi LVl 'Y n 1.111 UL LUl'1H L11VLH 11L 11H 111VV 1' SEWER TINE IN REDLANDS BOULEVARD. 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the City of San 3 Bernardino at a meeting thereof, held on the 11 day of 1993 , by the following vote, to-wit: 5 Council Members: AYES NAYS ABSTAIN ABSENT 6 ESTRADA 7 REILLY 8 HERNANDEZ 9 MAUDSLEY 10 MINOR 11 POPE-LUDLAM 12 MILLER 13 14 15 Rachel Clark, City Clerk 16 The foregoing resolution is hereby approved this day of 1993. 17 18 W. R. Holcomb, Mayor 19 Approved as to form City of San Bernardino 20 and legal content: 21 James F. Penman City Attorney 22 23 By ✓ ' �' `� 24 25 26 27 28 2 - AGREEMENT THIS AGREEMENT, made and entered into this day of _, 199_, by and between The City of Loma Linda, a municipal corporation of the State of California, hereinafter referred to as "Loma Linda" and the City of San Bernardino, a municipal corpora- tion of the State of California, hereinafter referred to as "San Bernardino" WITNESSETH WHEREAS, San Bernardino has planned to construct a relief sewer in Redlands Blvd. from Hunts Lane to Club way and WHEREAS, the proposed sewer is parallel to an existing sewer that serves both San Bernardino and Loma Linda and WHEREAS, during design of the relief sewer, San Bernardino made studies of the area to be served as well as investigated requests from Loma Linda for additional capacity in the sewer system and WHEREAS, San Bernardino is willing to construct a larger diameter sewer line that includes additional capacity for Loma Linda provid- ed Loma Linda pays associated additional costs and WHEREAS, the construction falls within streets wholly within San Bernardino and WHEREAS, Loma Linda and San Bernardino do mutually desire to speci- fy herein the terms and conditions under which said project is to be constructed, financed and maintained; and WHEREAS, construction of project is proposed for the 1992/93 fiscal year, at a total preliminary estimated cost of $145, 000.00 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: SECTION ONE SAN BERNARDINO SHALL -- 1. 01 Perform all necessary field surveys, soil tests and materials investigations necessary for design of said improvements. 1. 02 Act as Lead Agency in securing Environmental Review approval, prepare all required reports, agreements, obtain all permits neces- sary to accomplish said improvements. 1. 03 Prepare construction plans, specifications, estimate of quantities and costs, and contract documents. 1 1. 04 Arrange for relocation or removal of all utilities which are in conflict with the said improvements. 1. 05 Submit plans, specifications, estimate to Loma Linda for review prior to advertising for bids. 1.06 Prepare the proposal form in a manner that allows the actual cost for the pipe upsizing to be readily discernable from the bids and allow adequate and proper allocation of costs. Bids will be solicited for 8 inch diameter and for 18 inch diameter main lines with Loma Linda being responsible for the difference in cost for the larger line. 1. 07 Provide adequate construction inspection of all items of work performed under construction contract referenced hereinabove, and maintain records of inspections and materials test for review by Loma Linda 1. 08 Maintain a detailed record of any proposed changes to the approved plans and specifications, and secure Loma Linda's approval prior to authorizing and major changes thereof. 1. 09 Submit a set of "As Built" plans to Loma Linda upon comple- tion of project. 1.10 Advertise, award, administer and fund a construction contract for the hereinabove referenced improvements in conformance with approved project plans and specifications. 1. 11 Accept responsibility for all costs of the project, including preliminary engineering, construction engineering, construction contracts, applicable overhead charges, and any other costs direct- ly attributable to project, except for the share to be borne by Loma Linda as provided hereinafter. 1. 12 Submit an accounting to Loma Linda of all costs charged to the project along with a statement for Loma Linda's share of the cost. 1. 13 Upon completion of the project, assume maintenance of the improvements to be constructed within the incorporated area under jurisdiction of San Bernardino. 1. 14 Require its contractor(s) to provide single limit insurance covering bodily injury and property damage in an amount of not less than one million ($1,000,000) dollars. SECTION TWO LOMA LINDA SHALL 2. 01 Assist San Bernardino in accomplishing the removal or reloca- tion of utilities in conflict with the said improvements. 2 2 . 02 Accept responsibility for the share of the project costs for the oversizing from 8" diameter to 18" diameter of the sewer line and reimburse San Bernardino, within 30 days after receipt of an itemized statement of cost. Loma Linda's share is estimated to be $26, 000. 00 but in no event shall Loma Linda's total obligation under this agreement exceed the actual cost of oversizing provided that Loma Linda may, at its sole discretion, in writing, authorize a greater amount for additional work as desired. 2 . 03 Execute this agreement in a timely manner that will allow the project to proceed and be completed within the 1992/93 fiscal year with an anticipated construction date of May 1993 2 . 04 Make those arrangements that may be necessary for the treat- ment of additional flows and transport to the treatment plant, that are outside the limits of this agreement. Said arrangements shall not be construed as included in this agreement nor shall any enti- tlement be made by this agreement other than for additional capaci- ty (estimated combined total of 7 MGD) within the line being con- structed. 2 . 05 Accept responsibility for extension of the remaining portions of the line to reach Loma Linda at such time as it may be required or to participate in future extensions performed by San Bernardino to the extent that additional capacity is to be preserved. SECTION THREE BE IT FURTHER AGREED BY THE PARTIES HERETO -- 3 . 01 That no part to the agreement nor officer nor employees thereof shall be responsible for any damage or liability occurring by reason of anything done or in connection with any work, authori- ty or jurisdiction delegated to the parties under this Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4 each party shall fully indemnify and hold all other parties harmless from any liability for injury (as defined by Government Code Section 810. 8) occurring by reason of anything done or omitted to be done under or in connection with any work, author- ity or jurisdiction delegated under this Agreement. 3. 02 By combined funding, the Cities are able to construct a larger sized system that is planned by either City and thereby create additional capacity for future development and increased flow. THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of the parties involved. 3 AGREEMENT: TO CONSTRUCT A RELIEF SEWER IN REDLANDS BOULEVARD FROM HUNTS LANE TO CLUB WAY IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officials thereunto duly autho- rized. CITY OF LOMA LINDA By: j ROBERT H. CRISTMAN, Mayor City of Loma Linda ATTEST: May 11, 1993 Pamela Byrnes-g Camb, City Clerk CITY OF SAN BERNARDINO By W.R. Holcomb, Mayor City of San Bernardino ATTEST By: RACHEL CLARK, City Clerk Approved as to form and Legal content: James F. Penman, City Attorney By: 4